In this 2005 file photo, Phil McCabe stands at Botanical Place, a then-new residential development he is building in East Naples on Bayshore Drive. The development will feature 218 units, 64 of which will be for low-income workers.

Bonita Daily News

In this 2006 file photo, Lucio Ayala shovels sand into a concrete blender while working on Botanical Place, an affordable housing complex being built on Bayshore Drive in East Naples.

Daily News

NAPLES - To read the lawsuit, click on documents below.

The developer of Botanical Place in East Naples and others involved in the design and construction of the affordable housing project are facing a lawsuit alleging a laundry list of defects.

The condominium association has filed suit in Collier Circuit Court against the developer, PJM Limited Partnership, and three other companies, including the project's Naples-based builder and contractor DeAngelis Diamond Construction Inc.

The allegations in the 200-plus page lawsuit include breach of warranties, negligence and violations of the Florida Building Code.

"I can tell you the claims are, for the most part, frivolous. Most of them have been addressed," responded Phil McCabe, the developer of Botanical Place, a community of more than 200 units about three miles east of downtown Naples.

Collier County government has no records of any complaints filed with the building department or with code enforcement concerning any defects in Botanical Place. The condos were built in 2005 and 2006.

In the lawsuit, complaints among the owners include:

■ Interior and exterior walls that are improperly connected to floors, making them structurally unsafe.

■ End walls that aren't reinforced to prevent floors from collapsing during a high-wind event, such as a hurricane.

■ Concrete floor systems that violate code.

■ Wood truss connections that are insufficient to resist wind uplift.

Other alleged defects are balcony columns and beams that aren't properly braced at the floors, cracking in concrete slabs and stucco, window frames that aren't sealed and guardrails that are unsafe.

The association also complains about puddles and flooding in the hallways and landscaped areas as well as at the clubhouse. Ornamental shutters have fallen off the buildings, paint is peeling and mildew is growing, according to the lawsuit.

The other defendants in the suit are Stofft Cooney Architects LLC and HSA Engineers & Scientists, the designers and engineers for the project.

Residents of Botanical Place who were contacted for this story declined to comment. The president of the association's board couldn't be reached.

Ashley Straface, with Resort Management, the condominium's management company, directed questions about the lawsuit to the association's attorney.

However, Robert Samouce, a Naples attorney handling the case for the association, had no comment about the lawsuit. Through an assistant, he said "the complaint speaks for itself."

The association is seeking damages and wants a jury trial.

McCabe described DeAngelis Diamond as an "excellent, reputable builder" that has done many notable and award-winning projects across Southwest Florida, including shopping centers, hotels, car dealerships and clubs.

"I think it was an excellent project," McCabe said of Botanical Place. "It was the most successful project on Bayshore Drive."

Messages were left seeking comment from representatives for DeAngelis Diamond, Stofft Cooney and HSA. However, the Daily News wasn't contacted back by those firms with comments for this story.

McCabe blames problems at the condominium on "gross mismanagement," saying the property hasn't been kept up the way it should have been over the past few years. The buildings, for example, haven't been pressure washed and they need painting.

"This is a very well-built project, a very high-quality project," McCabe said. "In fact, the reality is we haven't had one leak in the building."

McCabe still owns four condos in Botanical Place. He hasn't had any major problems with them and they're all rented out.

"I know what is real and what is not real and I can't find anything real in here," McCabe said of the lawsuit.

He said a few of the to-do items on a punch list for the project, generated before it was closed out, weren't taken care of because the condominium's board and management couldn't get their act together.

He questions the association's motives in filing the lawsuit.

Lawsuits like this one are "all over the place," as condo associations struggle in a bad economy to finds way to pay their regular maintenance and management costs, he said.

In a tough economy and with so many owners getting foreclosed on at Botanical Place, many have stopped paying their monthly assessments to the association, which are needed to cover their expenses, McCabe said.

"I think what it comes down to is they are looking for money," he said. "This isn't going to go to trial. Trust me."